HomeMy WebLinkAboutAttachment No. 1Planning Commission Resolution No. _
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Exhibit "A"
SEASHORE VILLAGE RESIDENTIAL PROJECT
MITIGATION MONITORING PROGRAM (SCH# 2008021075)
CITY OF NEWPORT BEACH
Seashore Village
Miti ation Monitoring Pro ram
Preconstruction
Phase of
Responsible
Completion
Mitt ation Measure
lm lamentation
Monitorin Pa
DateRnitlals
1. The construction contractor for the property
During construction
City's Project
hired to ensure that the following actions are
owner /developer shall implement additional dust
Construction
Manager in
control measures during demolition as follows:
coordination with
The project contractor shall apply nontoxic
the Project
Construction
chemical dust suppressants (e.g., polymer
Contractor
emulsion) to buildings being demolished to
reduce fugitive dust from active demolition
activities.
The project contractor shall prohibit
demolition activities when wind speed
exceeds 25 miles per hour.
The project contractor shall install a
temporary construction fence and silt
barrier around the construction site as
shown in the Construction Staging and
Water Quality Control Plan submitted to the
City of Newport Beach for approval.
The project contractor shall install
construction tire wash areas at the entrance
to the project site on River Avenue and
Neptune Avenue. All construction dean -up
shall be done in construction sediment
basins. The construction fire wash area
shall be installed in accordance with the
Construction Staging and Water Quality
Control Plan submitted to the City of
Newport Beach for approval.
The contractor will sweep adjacent streets
and roads a minimum of once per week.
Material haul trucks leaving the project site
will have their loads either covered or
maintain a freeboard distance of two feet
from the stacked load to the top of the
trailer.
Prior to approval of a grading plan, the property
Preconstruction
City's Project
owner /developer shall submit a letter to the
Manager in
Planning Department, Planning Division,
coordination with
showing that a qualified archaeologist has been
the Project
hired to ensure that the following actions are
Construction
implemented:
Contractor
The archaeologist must be present at the
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Planning Commission Resolution No. _
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Seashore village
Mitigation Monitonnq Program
Mitigation Measure
Phase of
Implementation
Responsible
Monitoring ParW
Completion
Datellnitials
procedures for temporarily halting or
redirecting work to permit the sampling,
identification, and evaluation of artifacts if
potentially significant artifacts are
uncovered. If artifacts are uncovered and
determined to be significant, the
archaeological observer shall determine
appropriate actions in cooperation with the
property owner /developer for exploration
and /or salvage.
Specimens that are collected prior to or
during the grading process will be donated
to an appropriate educational or research
institution.
Any archaeological work at the site shall be
conducted under the direction of the
certified archaeologist. If any artifacts are
discovered during grading operations when
the archaeological monitor is not present,
grading shall be diverted around the area
until the monitor can survey the area.
• A final report detailing the findings and
disposition of the specimens shall be
submitted to the City Engineer. Upon
completion of the grading, the
archaeologist shall notify the City as to
when the final report will be submitted.
3. The property owner /developer shall submit a
Preconstruction
City's Project
letter to the Public Works/Engineering
Manager in
Department, Development Division, and the
coordination with
Planning Department, Planning Division,
the Project
showing that a certified paleontologist has been
Construction
hired to ensure that the following actions are
Contractor
implemented:
The paleontologist must be present at the
pregrading conference in order to establish
procedures to temporarily halt or redirect
work to permit the sampling, identification,
and evaluation of fossils. If potentially
significant materials are discovered, the
paleontologist shall determine appropriate
actions in cooperation with the property
owner /developer for exploration and /or
salvage.
Specimens that are collected prior to or
during the grading process will be donated
to an appropriate educational or research
institution.
Any paleontological work at the site shall
be conducted under the direction of the
certified paleontologist. If any fossils are
discovered during grading operations when
the paleontological monitor is not present,
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Planning Commission Resolution No. _
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Seashore Village
grading shall be diverted around the area
until the monitor can survey the area.
A final report detailing the findings and
disposition of the specimens shall be
submitted. Upon the completion of the
grading, the paleontologist shall notify the
City as to when the final report will be
submitted.
4. During construction, the construction manager
During construction
City's Project
shall ensure that measures listed in the
licensed asbestos abatement contractor shall
Manager in
geotechnical investigation (EGA Consultants,
coordination with
2007) or equivalent measures are implemented
coordination with
the Project
to minimize the effects of liquefaction. The
Construction
measures shall include but are not limited to:
must be present to perform engineering control
Contractor
Tie all pad footings with grade beams.
and regulatory asbestos air monitoring during
All footings should be a minimum of 24
Contractor
inches deep, below grade.
Continuous footings should be reinforced
the pavement.
with two No. 5 rebar (two at the top and two
at the bottom).
Concrete slabs cast against properly
compacted fill materials shall be a minimum
of 6 inches thick (actual) and reinforced
with No. 4 rebar at 12 inches on center in
both directions. The reinforcement shall be
supported on chairs to insure positioning of
the reinforcement at mid -center in the slab.
• Dowel all footings to slabs with No. 4 bars
at 24 inches on center.
5. Prior to demolition activity, a certified and
Prior to demolition
Gity's Project
licensed asbestos abatement contractor shall
Manager in
perform any removal of asbestos containing
coordination with
material (ACM). Also, an industrial hygienist
the Project
must be present to perform engineering control
Construction
and regulatory asbestos air monitoring during
Contractor
any abatement activity.
6. Uemolition of the existing asphalt with a
During construction
Gitys Project
jackhammer within eight feet of the existing
Manager in
residential structures to the southeast of the site
coordination with
shall be prohibited. The construction contractor
the Project
shall utilize alternative asphalt demolition
Construction
methods such as a concrete saws and other
Contractor
nonvibratory construction equipment to remove
the pavement.
Planning Commission Resolution No. _
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Exhibit "B"
Conditions of Approval
Tentative Tract Map No. 2007 -001, Modification Permit No. 2007 -044, Use Permit No.
2007 -011 & Coastal Residential Development Permit No. 2007 -001
(Project - specific conditions are in italics)
Plannina Department
1. The development shall be in substantial conformance with the plans stamped with the
date of this approval, except as modified by other conditions.
2. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
3. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
4. Project approvals shall expire unless exercised within 24 months from the effective
date of approval as specified in Section 20.91.050A of the Newport Beach Municipal
Code. Reasonable extensions may be granted by the Planning Director in
accordance with applicable regulations.
The applicant shall obtain a Coastal Development Permit from the California Coastal
Commission prior to the issuance of any building or grading permit for the project.
6. With the exception of the height modifications required per Condition No. 7, the floor
plans and building envelopes for each unit are approved as precise plans and future
floor area additions to the building envelopes shall be prohibited. The proposed open
patio and deck areas for each unit shall not be permitted to be enclosed and the
landscape and open space areas proposed throughout the development site shall be
preserved.
The two structures that encroach into the side yard setback area immediately adjacent
to the east property line shall be modified in height to conform to the 24 -1oot base
height limit.
The applicant shall replace 6 affordable units within 3 years of the date of issuance
of a demolition permit. The units may be provided off -site at an approved location, or
locations, within the City. An amount not to exceed $1.35 million shall be provided by
the applicant and the applicant shall use such funds to replace the 6 affordable units
and to achieve a mix of income levels and bedroom counts, as determined
appropriate by the Planning Director. The applicant shall enter into an agreement
with the City to provide said units. The agreement shall be reviewed and approved
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by the City Attorney and shall be executed and recorded prior to the issuance of a
demolition permit for the project.
9. Any very-low and low- income units provided in accordance with Condition No. 8
shall be maintained as rental units for a minimum period of 30 years. Any moderate
income units should be provided as "for - sale" units with a covenant maintaining the
affordability for a minimum period of 30 years.
10. Gated vehicular access through the site shall be prohibited.
11. Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior
on -site lighting shall be shielded and confined within site boundaries. No direct rays
or glare are permitted to shine onto public streets or adjacent sites or create a public
nuisance. "Walpak" type fixtures are not permitted. Parking area lighting shall have
zero cut-off fixtures and light standards shall not exceed 24 feet in height.
12.The site shall not be excessively illuminated based on the luminance
recommendations of the Illuminating Engineering Society of North America, or, if in
the opinion of the Planning Director, the illumination creates an unacceptable
negative impact on surrounding land uses or environmental resources. The Planning
Director may order the dimming of light sources or other remediation upon finding
that the site is excessively illuminated.
13. Prior to the issuance of a building permits, the applicant shall prepare photometric
study in conjunction with a final lighting plan for approval by the Planning
Department.
14. Prior to issuance of the certificate of occupancy or final of building permits, the
applicant shall schedule an evening inspection by the Code and Water Quality
Enforcement Division to confirm control of light and glare specified in conditions of
approval Nos. 12 & 13.
15.AII proposed signs shall be in conformance with the provision of Chapter 20.67 of
the Newport Beach Municipal Code and shall be approved by the City Traffic
Engineer if located adjacent to the vehicular ingress and egress.
16. Trash container storage for the individual units shall be screened from view of
neighboring properties and public places, except when placed for pick -up by refuse
collection agencies. Trash containers shall not be located within the required parking
areas.
17.All landscape materials and landscaped areas shall be installed and maintained in
accordance with the approved landscape plan. All landscaped areas shall be
maintained in a healthy and growing condition and shall receive regular pruning,
fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds
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and debris. All irrigation systems shall be kept operable, including adjustments,
replacements, repairs, and cleaning as part of regular maintenance.
18. Prior to the issuance of a building permits, the applicant shall submit a landscape
and irrigation plan prepared by a licensed landscape architect. These plans shall
incorporate drought tolerant plantings and water efficient irrigation practices, and the
plans shall be approved by the Planning Department and the General Services
Department. All planting areas shall be provided with a permanent underground
automatic sprinkler irrigation system of a design suitable for the type and
arrangement of the plant materials selected. The irrigation system shall be
adjustable based upon either a signal from a satellite or an on -site moisture - sensor.
Planting areas adjacent to vehicular activity shall be protected by a continuous
concrete curb or similar permanent barrier. Landscaping shall be located so as not
to impede vehicular sight distance to the satisfaction of the Traffic Engineer.
19. Reclaimed water shall be used whenever available, assuming it is economically
feasible.
20. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever which may
arise from or in any manner relate (directly or indirectly) to City's approval of the
Seashore Village Residential Development Project including, but not limited to, the
approval of Tentative Tract Map No. 2007 -001, Modification Permit No. 2007 -044,
Use Permit No. 2007 -011 & Coastal Residential Development Permit No. 2007 -001;
and /or the City's related California Environmental Quality Act determinations, the
certification of the Mitigated Negative Declaration and/or the adoption of a Mitigation
Monitoring Program for the project. This indemnification shall include, but not be
limited to, damages awarded against the City, if any, costs of suit, attomeys' fees,
and other expenses incurred in connection with such claim, action, causes of action,
suit or proceeding whether incurred by applicant, City, and /or the parties initiating or
bringing such proceeding. The applicant shall indemnify the City for all of City's
costs, attorneys' fees, and damages which City incurs in enforcing the
indemnification provisions set forth in this condition. The applicant shall pay to the
City upon demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition.
Buildina Department
21. The applicant shall be responsible for the payment of all applicable City plan check
and inspection fees.
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22.The applicant is required to obtain all applicable permits from the City Building and
Fire Departments. The construction plans must comply with the most recent, City -
adopted version of the California Building Code.
23. Prior to the issuance of grading permits, a Storm Water Pollution Prevention Plan
(SWPPP) and Notice of Intent (NOI) to comply with the General Permit for
Construction Activities shall be prepared, submitted to the State Water Quality
Control Board for approval and made part of the construction program. The project
applicant will provide the City with a copy of the NOI and their application check as
proof of filing with the State Water Quality Control Board. This plan will detail
measures and practices that will be in effect during construction to minimize the
project's impact on water quality.
24. Prior to the issuance of the grading permit, the applicant shall obtain a NPDES
permit. The applicant shall incorporate storm water pollutant control into erosion
control plans using BMPs to the maximum extent possible. Evidence that proper
clearances have been obtained through the State Water Resources Control Board
shall be given to the Building Department prior to issuance of grading permits.
25. Prior to issuance of grading permits, the applicant shall prepare and submit a Water
Quality Management Plan (WQMP) for the proposed project, subject to the approval
of the Building Department and Code and Water Quality Enforcement Division. The
WQMP shall provide appropriate Best Management Practices (BMPs) to ensure that
no violations of water quality standards or waste discharge requirements occur.
26.A list of "good house - keeping" practices will be incorporated into the long -term post -
construction operation of the site to minimize the likelihood that pollutants will be
used, stored or spilled on the site that could impair water quality. These may include
frequent parking area vacuum truck sweeping, removal of wastes or spills, limited
use of harmful fertilizers or pesticides, and the diversion of storm water away from
potential sources of pollution (e.g., trash receptacles and parking structures). The
Stage 2 WQMP shall list and describe all structural and non - structural BMPs. In
addition, the WQMP must also identify the entity responsible for the long -term
inspection, maintenance, and funding for all structural (and if applicable Treatment
Control) BMPs.
Fire Department
27. The internal roadway shall be marked as a fire lane, per the direction and approval
of the Fire Department.
Public Works Department
28. A Final Tract Map (Map) shall be filed with the Public Works Department
Planning Commission Resolution No. _
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29.The Map shall be prepared on the California coordinate system (NAD88). Prior to
recordation of the Map, the surveyor /engineer preparing the Map shall submit to the
County Surveyor and the City of Newport Beach a digital - graphic file of said map in
a manner described in Section 7 -9 -330 and 7 -9 -337 of the Orange County
Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The Map
to be submitted to the City of Newport Beach shall comply with the City's
CADD Standards. Scanned images will not be accepted.
30. Prior to recordation of the Map, the surveyor /engineer preparing the Map shall tie the
boundary of the map into the Horizontal Control System established by the County
Surveyor in a manner described in Section s 7 -9 -330 and 7 -9 -337 of the Orange
County Subdivision Code and Orange County Subdivision Manual, Subarticle 18.
Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless
otherwise approved by the Subdivision Engineer. Monuments shall be protected in
place if installed prior to completion of construction project.
31.All applicable City fees shall be paid prior to the processing of the Map.
32.Construction surety in a form acceptable to the City, guaranteeing the completion of
the various required public improvements, shall be submitted to the Public Works
Department prior to issuance of the Public Works Department approval of building
plans.
33. Easements for weekly trash pick -up by City crews shall be dedicated as part of the
Map.
34. Easements for public emergency and security ingress/egress, and public utility
purposes on private streets shall be provided to the City.
35.All improvements shall be constructed as required by Ordinance and the Public
Works Department.
36.A new full -width sidewalk shall be constructed within the limits of the existing utilities
and Sidewalk easements along Seashore Drive fronting the project site. Existing
City street trees shall be removed to accommodate the sidewalk construction.
37. New City- designated street trees shall be planted along the River Avenue frontage.
All street trees shall be planted per City Standards and guidelines provided by the
City General Services Department.
38.A11 existing drainage facilities in the public right -of -way shall be retrofitted to comply
with the City's on -site non -storm runoff retention requirements.
39. On-site runoff shall be retained on -site.
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40. Private storm drain piping shall not connect directly to the City's storm drain catch
basin.
41.All on -site utilities shall be owned, operated, and maintained by the
community /association.
42.Each unit shall be served by its individual water meter and sewer lateral and
cleanout. Each water meter and sewer cleanout in the vehicular traveled -way shall
be installed with a traffic -grade box and cover.
43. Individual water services per City Standards shall be provided in lieu of manifolds.
44. All on -site parking, vehicular and pedestrian circulation systems shall be reviewed by
the City Traffic Engineer.
45. The parking layout shall be in conformance with City Standard 805 -L -A and 805 -L -B.
46.An ADA compliant public pedestrian pathway, from River Avenue to Seashore Drive,
shall be provided through the development site.
47. The vehicular pathways shall be designed to support a fully loaded large trash truck.
48. Adequate turning radii and width shall be provided for large trash truck travel paths.
49.AII improvements (including, but not limited to, the landscaping in the parking lot
area and ingress /egress points to the development site) shall comply with the City's
sight distance requirement (City Standard 110 -L).
50.All abandoned driveway approaches shall be removed per City Standard 165 -L.
51.All new driveway approaches shall comply with Council Policy L -2 and constructed
per City Standards.
52. Reconstruct any existing broken /damaged sidewalk, curb and gutter fronting the
development per City Standards.
53. No permanent structures can be built within the limits of the Utilities and Sidewalk
easement.
54. The construction work cannot impact the free flow of pedestrian and vehicular traffic
between Memorial Day and Labor Day. The staging and parking of all construction-
related equipment and vehicles shall take place on -site, and NOT in the public right-
of-way or City property.
55. All utility service connections serving this development shall be made underground.
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56. In case of damage done to public improvements surrounding the development site
by the private construction, additional reconstruction within the public right -of -way
may be required at the discretion of the Public Works Inspector.
57. The streets surrounding the project site is on the City's street/alley -cut Moratorium
List. Any damage done to said roadways by the project will require substantial
pavement repair work to be fully paid for by the Developer.
58.An encroachment permit is required for all work activities within the public right -of-
way.
59. An encroachment agreement shall be applied for and approved by the Public Works
Department for all non - standard private improvements within the public right -of -way.
60. The intersection of the internal roadways with River Avenue shall be designed to
provide adequate sight distance per City of Newport Beach Standard Drawing STD -
110-L. Slopes, landscaping, walls, signs and other obstructions shall be considered
in the sight distance requirements. Landscaping within the sight lines (sight cone)
shall not exceed 24- inches in height and the monument identification sign must be
located outside the line of sight cone. The sight distance may be modified at non-
critical locations, subject to approval by the Traffic Engineer.
61. The internal roadway shall be a minimum of 26 feet wide, unless otherwise approved
by the Traffic Engineer. The internal roadway shall align with Neptune Avenue. The
internal roadway curb cut on River Avenue shall be 26 feet wide minimum and
modified to comply with current ADA standards.
62. Guest parking stalls shall be 8.5 feet by 17 feet minimum. Parking stalls adjacent to
walls or other obstructions shall be 9- foot -wide minimum.
63.0n -site parking, vehicular circulation and pedestrian circulation system shall be
subject to further review by the City Traffic Engineer.
64. The California Vehicle Code shall be enforced on the private streets and drives, and
that the delineation acceptable to the Police Department and Public Works
Department be provided along the sidelines of the private streets and drives.
Mitigation Measures
65. The applicant shall comply with all mitigation measures and standard conditions
contained within the approved Mitigation Monitoring and Reporting Program of the
adopted Mitigated Negative Declaration (SCH No. 2008 - 021075) for the project.
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